United States v. Rodderick Goins ( 2017 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-2129
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Rodderick Goins
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Little Rock
    ____________
    Submitted: November 13, 2017
    Filed: November 15, 2017
    [Unpublished]
    ____________
    Before GRUENDER, BOWMAN, and BENTON, Circuit Judges.
    ____________
    PER CURIAM.
    Rodderick Goins directly appeals the within-guidelines sentence the district
    1
    court imposed after he pled guilty to a firearms offense. His counsel has filed a brief
    1
    The Honorable James M. Moody Jr., United States District Judge for the
    Eastern District of Arkansas.
    under Anders v. California, 
    386 U.S. 738
    (1967), questioning the reasonableness of
    Goins’s sentence. Counsel has also moved for leave to withdraw.
    Upon careful review,2 we conclude that the district court did not impose an
    unreasonable sentence. See United States v. Feemster, 
    572 F.3d 455
    , 461-62 (8th Cir.
    2009) (en banc) (reviewing the sentence under a deferential abuse-of-discretion
    standard and noting that if the sentence is within the guidelines range, the appellate
    court may, but is not required to, apply a presumption of reasonableness). In
    addition, having independently reviewed the record pursuant to Penson v. Ohio, 
    488 U.S. 75
    (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant
    counsel leave to withdraw, and we affirm.
    ______________________________
    2
    Goins pled guilty pursuant to a plea agreement that contained an appeal
    waiver, but we decline to enforce the appeal waiver. See United States v. Boneshirt,
    
    662 F.3d 509
    , 515-16 (8th Cir. 2011).
    -2-
    

Document Info

Docket Number: 17-2129

Judges: Gruender, Bowman, Benton

Filed Date: 11/15/2017

Precedential Status: Non-Precedential

Modified Date: 11/6/2024